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s 174

Election of MLC on re-count, application of this Part to

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Part VDisputed returns

174 Election of MLC on re-count, application of this Part to

Sections 157, 158, 160, 161, 162(1) and (2), 163(1) and 167 to 173 apply to and in relation to the election of a member of the Council under sections 156C and 156D as if that election was an election within the meaning of this Act, but for the purposes of that application —

(a)

section 158(5) shall be deemed to be amended by deleting “return of the writ” and substituting the following —

“ declaration of the election ”; and

(b)

section 162(1)(ca) and (f) and section 172(1)(c) shall be deemed to be deleted; and

(c)

section 163(1) shall be deemed to be repealed and the following subsection substituted —

(1)

The Court may inquire whether or not the requisites of section 158 have been observed, whether or not a nomination was validly made under section 156C(3), and whether or not the re‑count of votes conducted under section 156D was correctly conducted, but shall not inquire into any other matter.

”.

[Section 174 inserted: No. 40 of 1987 s. 80.]

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